How Can Landlords Legally Evict Tenants Using Section 8 in 2026?

 

From 1 May 2026, Section 21 "no-fault" evictions will be abolished under the Renters' Rights Act. This means Section 8 becomes the only legal route for landlords to regain possession of their property. Understanding how this process works alongside other new regulations like Awaab's Law is essential for every landlord operating in the private rented sector.

Here's everything you need to know about Section 8 eviction in 2026.

What Is a Section 8 Notice?

A Section 8 notice is a formal eviction notice under the Housing Act 1988. Unlike Section 21, which allowed landlords to end tenancies without giving a reason, Section 8 requires landlords to prove specific legal grounds for possession.

From May 2026, every possession claim must be supported by at least one statutory ground. If you cannot prove that ground in court, the judge will not grant possession.

What Are the Main Grounds for Possession?

The Renters' Rights Act has expanded and updated Section 8 grounds. They fall into two categories.

Mandatory Grounds

If proven, the court must grant possession:

Ground 1 – You or a close family member intends to live in the property. Cannot be used within the first 12 months. Written notice must have been given to the tenant beforehand.

Ground 1A – You intend to sell the property. Requires four months' notice and cannot be used within the first 12 months of the tenancy.

Ground 2 – The mortgage lender is exercising a power of sale due to the landlord's default.

Ground 4A – For student HMOs, allowing repossession between academic years.

Ground 8 – The tenant owes at least three months' rent at both the notice date and the court hearing.

Discretionary Grounds

The court decides whether possession is reasonable:

Ground 10 – Some rent is unpaid at notice and hearing dates.

Ground 11 – The tenant has persistently delayed paying rent.

Ground 12 – The tenant has breached a term of the tenancy agreement.

Ground 14 – The tenant or someone living with them has caused nuisance or used the property for illegal purposes.

What Notice Period Must Landlords Give?

Notice periods vary depending on the ground used:

Ground

Notice Period

Ground 1 (moving in)

4 months

Ground 1A (selling)

4 months

Ground 8 (serious arrears)

4 weeks

Ground 10/11 (rent arrears)

2 weeks

Ground 12 (breach of tenancy)

2 weeks

Ground 14 (antisocial behaviour)

Immediate to 4 weeks

Landlords must use the new Form 3A when serving notice from May 2026.

What Happens After Serving Notice?

If the tenant does not leave after the notice period expires, you must apply to the county court for a possession order. Unlike the old Section 21 accelerated process, every Section 8 claim now requires a court hearing.

You will need to provide evidence supporting your ground. This includes rent schedules, communication records, tenancy agreements, and photographs if relevant.

If the court grants possession and the tenant still refuses to leave, you must apply for bailiff enforcement. Attempting to remove tenants yourself is a criminal offence.

Key Changes Under the Renters' Rights Act

Several important changes affect how Section 8 works in 2026:

All tenancies automatically become periodic tenancy agreements. Fixed terms no longer exist.

Grounds 1 and 1A cannot be used within the first 12 months of any tenancy.

Courts will disregard rent arrears caused solely by Universal Credit delays.

Landlords using Ground 1A to sell must not re-let or market the property for 12 months after regaining possession.

How Can Landlords Prepare?

Documentation is critical. Keep detailed records of rent payments, tenant communications, property inspections, and any breaches.

Update tenancy agreements to include written notices that you may use Grounds 1 or 1A in future.

Register on the new PRS Database when it launches in late 2026. Without registration, most possession grounds cannot be used.

Consider seeking legal advice for complex cases, particularly where discretionary grounds apply.

Frequently Asked Questions

Can I still use Section 21 before May 2026? Yes. Section 21 notices served before 1 May 2026 remain valid, but court proceedings must begin by 31 July 2026 at the latest.

What if my tenant pays off arrears before the hearing? For Ground 8, the tenant must still owe three months' rent at the hearing. If they pay it down, the mandatory ground may fail, though discretionary grounds may still apply.

Do I need a solicitor? Not legally required, but strongly recommended for contested hearings or discretionary grounds.

What happens if I evict illegally? Unlawful eviction is a criminal offence carrying substantial fines and potential imprisonment.

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